Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972
The Government of Tamil Nadu, Law Department, published Act No. 20 of 1972, the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972, on 1 July 1972 after it was enacted by the Tamil Nadu Legislature and received the President's assent on 29 June 1972. Deemed effective from 1 March 1972, it amends land ceiling calculations, removes several hill area exclusions and requires industrial or commercial undertakings to obtain Government permission to hold or acquire land above the ceiling area.
What the Act changes
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 modifies the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as previously modified in 1970 and 1971. The changes are deemed to have taken effect on 1 March 1972.
The principal changes include:
- Omission of an existing definition in section 3.
- Classification of 1.6 acres of wet land irrigated by a Government source other than the source already listed in item (a).
- Substitution of 40 standard acres for 60 standard acres in section 5(5).
- Removal of the words excluding hill areas from several provisions, including sections 8, 9, 10, 13, 30 and 73.
- Omission of section 111 and Schedule I.
- Addition of wet land irrigated by another Government source in Kanyakumari district, with the entry 6.62 in the relevant table in Schedule III.
People whose holdings newly exceed the ceiling
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 introduces special definitions for a person whose total landholding exceeds the ceiling because of these amendments. For that person, the commencement date is 1 March 1972. The notified date is a later date to be specified by the Government through a notification published after this Act in the Tamil Nadu Government Gazette.
Industrial and commercial undertakings
An industrial or commercial undertaking, other than a co-operative society, that genuinely carries on industrial or commercial operations must apply in writing to the Government if it wants to hold or acquire land above the ceiling area.
The Government may:
- Permit the whole or part of the land requested.
- Impose conditions on the permission.
- Refuse permission.
- Consider the nature of the operation and whether the land is needed immediately or in the future.
- Cancel permission if a condition is breached.
A Government approval granted under the earlier exemption provision does not by itself allow an undertaking to continue holding excess land. The undertaking must obtain permission under the newly inserted section 37-A. The exemption continues only while the Government's conditions are followed.
Limited protection for cultivating tenants
The authorised officer may, for recorded reasons, allow a cultivating tenant to retain possession of land above the tenant's ceiling area where the excess is no more than half an acre of wet land or one acre of dry land, regardless of assessment.
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Common questions
When did Act No. 20 of 1972 take effect?
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 is deemed to have come into force on 1 March 1972.
Can an industrial or commercial undertaking hold land above the ceiling?
Only with Government permission under the newly inserted section 37-A. The Government may approve all or part of the land, impose conditions, refuse the application or cancel permission if a condition is breached.
Does an older Government approval still protect an industrial undertaking's excess land?
No. An undertaking approved under the earlier provision must obtain Government permission under section 37-A to hold or acquire land above the ceiling area.
Can a cultivating tenant retain a small amount of excess land?
The authorised officer may allow it for reasons recorded in writing if the excess does not exceed half an acre of wet land or one acre of dry land.
